STANDARD CONDITIONSAcceptance by Seller of Buyer’s offer to purchase is expressly conditioned upon and subject to the Buyer’s agreement to the following terms and conditions.
- Terms of Payment – Unless otherwise stated on the reverse side of this document, Seller’s terms of payment are net thirty (30) days from the date of shipment. Invoices paid beyond agreed upon terms are subject to a late charge of 1.5% per month or the maximum allowed by law whichever is less.
- Shipment and Delivery – The buyer will give Seller reasonable notice covering shipments. Seller is not required to delivery any quantities for which Buyer has not give shipping instructions. All shipping information transmitted to Buyer, including shipping and delivery date, represents only the best estimates of Seller. In the event that Seller encounters delays, the shipping schedule will be extended as necessary to accommodate such delays. Seller shall not be liable for direct or consequential loss or damage due to shipment delivery, etc. Risk of loss and risk of delay in transit shall pass to Buyer upon acceptance of materials by carrier at point of shipment unless the parties otherwise agree in writing. Shipments of all materials will be made FOB Seller’s plant, unless otherwise specified by the parties on the face of this document. Buyer will promptly unload each shipment at its own risk and expense, including any demurrage or detention charges.
- Credit of Buyer – If in seller’s judgment, Buyer’s credit shall become impaired at any time, Seller shall have the right to decline to make deliveries except for cash until such time as Buyer’s credit has been reestablished to Seller’s satisfaction. Seller may at any time revise the stated credit terms whenever it deems such action advisable to protect its interest.
- Collection – If Millennium Packaging Inc must pursue legal action against the Buyer to collect any amount due from Buyer to Millennium Packaging Inc in connection with the order, Buyer shall pay Millennium Packaging Inc’s costs of collection, including reasonable attorney’s fee, whether incurred before or after judgment.
- Credit Balance – Buyer agrees that any credit balances issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and Millennium Packaging Inc shall have no further liability.
- Taxes – Prices do not include sales, use, property, stamp, recording or other special taxes, levies or duties imposed by a governmental authority either directly or indirectly on the sale, transfer installation or servicing of the products sold hereunder. Any such taxes or assessments of whatever nature will be promptly paid by Buyer or, if imposed on Seller, shall be invoiced to Buyer for prompt payment.
- Force Majeure – Seller shall not be liable for failure or delay in performance hereunder due in whole or in part to causes such as an act of God, strike, lockout or other labor dispute, civil commotion, sabotage, fire, flood, explosion, acts of any governmental unit, unforeseen shortages or unavailability of fuel, power, transportation, raw materials or supplies, feedstocks, inability to obtain or delay in obtaining necessary equipment or governmental approvals, permits, licenses, allocations, mechanical failure, or any other cause which is not within the reasonable control of Seller, whether or not of the kind specifically enumerated above.
- Warranties Materials – We warrant that materials sold by us will meet our product specifications and will be free from material defects in manufacture for a period of 90 days from shipment. You agree that our liability under the foregoing warranties for any material or equipment sold or delayed in shipment or not shipped, is limited, at our option, (a) to repayment, or if not paid, to credit the purchase price (b) to replacement or (c) to repair and that we shall in no event be liable for general, special, indirect, consequential, punitive and penal damages.